Proceedings of the Worcester Society of Antiquity, for the year 1881-1882, Part 7

Author: Massachusetts (Colony). Court of general sessions of the peace. Worcester Co. [from old catalog]; Rice, Franklin P. (Franklin Pierce), 1852-1919, ed
Publication date: 1882
Publisher: Worcester, Mass., The Worcester society of antiquity
Number of Pages: 570


USA > Massachusetts > Worcester County > Proceedings of the Worcester Society of Antiquity, for the year 1881-1882 > Part 7


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They felt that the first thing for them to do was to remove, so far as it was in their power, all causes for discontent, believ- ing when this was done nothing further would be heard of in- surrections.


County conventions were again in order, eighteen towns in Middlesex, forty-one in Worcester, and all but one in Bristol, met in convention in their several counties, and petitions were framed and sent to the General Court. That body, however, looked with some suspicion upon the acts of these conventions, considering them as rather wanting the constitutional impress ; and that it was necessary for these petitions to be referred back to the several towns for their endorsements before they could legally come before them for their action. But the petitions, whether from the towns or counties, were so nearly alike that they decided to consider the following articles : The sitting of the General Court in Boston ; the institution and regulation of the courts of Common Pleas and General Sessions of the Peace, with the mode of holding the Probate courts : the burdens of the people arising from the scarcity of money and the difficulties thereby accruing in the payment of back taxes and private debts ; the mode of appropriating the proceeds of the import and excise duties ; the fee bill and the salaries of the officers of government. These matters were at once referred to the proper committees, and the work of reconstruction began. Although the annual salary of the Governor had been previously fixed at £1100 by a vote of the legislature under the constitution, this General Court voted that it was within the province of that body to fix this salary from year to year ; that in their opinion it was too high at the present time and should be considerably reduced. as well as the salaries of all other state officers, at the first session of the next legislature. In fact the entire session was passed in faith- fully trying to find and adopt some measures that would afford relief to their suffering constituency. The house voted to re- move the court from Boston if it could be done with any advan- tage to the people ; and a committee consisting of one from each county was appointed to report at the next session upon a suit- able place. An address to the people was issued and sent to every town in the state. for the purpose of informing them of the


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exact condition of public matters, and trying to show that much of the dissatisfaction and unrest among the people came largely from a lack of knowledge relating to the affairs of state; that false rumors had been put in circulation by designing men to embitter them against an administration that was doing all in its power for the welfare and prosperity of her people. Mr. Isaiah Thomas in his Worcester Magazine, speaking of the court, says: "We must acknowledge, no General Court since the Revolution, have deserved more of their country, nor could any court have made greater exertions to restore the public tranquility in times of difficulty and danger." A general pardon was granted all persons who had taken part in the insurrection, upon their tak- ing the oath of allegiance previous to the first day of Jan .. 1787. The suspension of the writ of habeas corpus and the provision for trying persons charged with high treason was to take place under the same condition. A bill passed the house of repre- sentatives to be engrossed for regulating the proceedings in the courts of Common Pleas and General Sessions of the Peace ; and after having given much time to the removal of some of the thorns in the flesh. they hoped that discord might disappear, and to discourage the appearance of further armed resistance, a riot act was passed, as well as a vote to sustain the Governor in calling out the militia to support theSupreme Judicial courts which were about to be held at Taunton and Cambridge. These acts of the General Court had their influence upon the people, and at Taunton no opposition was offered to the court; and in Cambridge the militia numbering over 2000 under command of Major Gen. John Brooks held peaceable possession of the place.


The next court to convene was that of General Sessions for Worcester, which had been adjourned to Nov. 21st. The oppo- nents of law and order had not forgotten the day to which the court had been adjourned, and on its arrival they had mustered from the then sparsely populated interior of Worcester County quite an imposing body of determined men who had pledged themselves to resist the transaction of legal business. A little company of armed men, about 60 in number, under Abraham Gale of Princeton, arrived in town, and during Wednesday others came in from Shrewsbury and Hubbardston, under Adam


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Wheeler of the latter place .* The court met according to ad- journment at Patch's tavern, and a petition was presented by a committee from the Regulators, requesting them to adjourn until after a new choice of representatives. The court decided that it was not in their power to accede to such a request. On being informed of this, by their committee, the Regulators took pos- session of the ground about the court honse. It was now left for the justices and court attendants to perform their duties so far as possible. They had no armed force to sustain them, no militia at their command, but with true courage they set out for the court house, the high sheriff, Col. William Greenleaf of Lancaster, taking the lead. They were allowed to proceed to within a short distance of the steps when they were confronted by three rows of fixed bayonets which they were unable to pass, and after the reading of the riot act by the high sheriff, the jus- tices dispersed without transacting any business.


* Mr. Adam Wheeler who was in command of a company of Regulators at the time just referred to, had caused the following to be published :


HUBBARDSTON, NOV. 7TH. 1786.


To THE PUBLIC :- We have lately emerged from a bloody war in which liberty was the glorious prize aimed at. I early stepped forth in the defence of this country, and cheerfully fought to gain this prize, and liberty is still the object I have in view. When moved with the distress of the people, I stepped forth in a private capacity, with others, to oppose the sitting of the courts of Common Pleas and General Sessions of the Peace, and when I was promoted to take command I had no intention to destroy the publie govern- ment, but to have the courts suspended to prevent such abuses as have of late taken place by sitting of those courts, distressed to see valuable and industrious members of society dragged from their families to prison, to the great damage, not only of their families but the community at large, wait- ing to have redress of such grievances in a constitutional way, and as lib- erty is the prize I still have in view. and in this glorious course I am deter- mined to stand with firmness and resolution. The Supreme court I never had any intention to disturb, but used my endeavors to prevent others therefrom. If this should be called in question I wish to be put to prove it.


So I remain the public's humble servant,


ADAM WHEELER.


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At this time perhaps the opposition party was not as strong numerically as it had been ; the timid and vacillating ones had withdrawn ; those remaining had been thoroughly organized and equipped for a vigorous campaign. Governor Bowdoin and his councillors saw what must come-a sharp, decisive blow from the gorernment, or they were hopelessly lost. November 25th, the Governor called upon the major generals in the state to see that their divisions were perfectly organized and equipped ready to take the field ; and expressed a hope that the militia would not be found wanting .* Opportunities for receiving par- dons proffered by the General Court to the leaders of the insur- rection had not been improved to any extent, and government began to display her anthority by issuing warrants for the arrest of certain prominent instigators among the Regulators in the county of Middlesex. Early on the morning of November 29th, the sheriff armed with a bundle of writs, attended by a company of troopers who had volunteered for the purpose under Col. Benjamin Hichborn, proceeded from Boston to Concord. On their way they were joined by a party of loyalists from the town


* Rumors reached the ears of the Governor and his official staff that a combined effort on the part of the Insurgents had been set on foot to prevent the sittings of the court which were soon to convene at Concord and Cam- bridge, and Monday Nov. 29th Major Gen. Benjamin Lincoln issued the following division orders : "The Major General directs that at the moment authentic information shall be received, which will be announced by the discharge of 3 cannon on Fort Hill, that the Insurgents are embodying thenselves at Cambridge, the Independent Cadets, Independent Light In- fantry, and the Republican Volunteers are to take post at South River Bridge. These corps are to be relieved as soon as possible by the regiments of this town. The company of artillery post with them at the bridge. The corps relieved will advance to Charlestown Neck. The horse are to be in advance, one division of them to take post on the road leading from Charles- town Neck to Cambridge, and the other is to take post on the road leading from Cambridge to Medford. The Ancient and Honorable Artillery Com- pany to take post at the fortification."


On Wednesday, Nov. 29th, the Governor, as commander-in-chief, issued an order for the militia to be ready to march at the shortest notice. Four regiments were put in order to protect the courts in the county of Essex ; the militia of Barnstable county were called out to silence a little unpleas- antness that was beginning to show itself in that quarter.


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of Groton, under command of Col. Henry Wood. The posse now numbered one hundred strong, and was sufficiently large to to attract public attention, so it was divided by despatching the Groton party to serve writs on on a little company of Regulators whom they hoped to take by surprise. It seems they were in a measure successful, for they soon returned bringing with them Oliver Parker and Benjamin Page, both of Groton. But Capt. Job Shattuck, the leader most coveted, had made his escape. That night, in the face of a violent snow storm, the whole posse rode to Groton and surrounded the house where Capt. Shattuck lived only to find that he had again evaded their grasp and taken to the woods, where, after a dilligent search, he was discovered by a small party under Col. Henry Wood. Shattuck was not taken without some effort on the part of his pursuers, and was not secured until he had received several wounds, one of them quite serious. Capt. Shattuck had been a soldier in the French war and a commissioned officer in the war of the revolution, a man well qualified to be a leader or to fill an important place in this popular movement. When arrested, Thursday November 30th, he was armed with a broadsword with which he skilfully kept at bay his captors until forced to yield to superior numbers. His wounds consisted of several cuts across his face and hands ; but the one considered most serious was a division of the cap- sular ligament at the joint of the right knee. He was at once taken to a house where his wounds were dressed. after which he was placed in a sleigh and taken to Boston and confined in jail. (This was on the first day of December, the sheriff and his escort returning the same day. ) He was given a comfortable room ou the second floor of the building and supplied with suitable bed- ding, a competent nurse and medical aid. But his wound proved a serious matter. nearly costing him his life. So much sympathy was expressed for him by the public that a statement of his case was made through the Boston papers, Jan. 4, 1787. He was allowed to make choice of surgeons, consequently Wed- nesday December 20th, he was placed in the hands of Mr. Kit- tredge of Tewksbury, under whose care he recovered. He was tried for high treason, convicted and sentenced to be hung, but subsequently received a pardon, after he had suffered by reason


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of confinement and a dangerous wound, all but death itself .*


About the same time that the sheriff with his escort set out from Boston for Concord, forty men, some of them said to be prominent and wealthy citizens of Boston, under command of majors Spooner and Brimmer, left Roxbury for the purpose of taking a survey of Worcester county to ascertain the possible strength and situation of the Insurgents in that locality, and perchance to capture such of their leaders as might come in their way. They were, however, obliged to return to Boston with only acquired information, after having wounded one or two men in the attempt to arrest them in Shrewsbury. t


The first week in December was close at hand, and a session of the court of Common Pleas was expected at that time in Worcester. The Regulators were making preparation for de- termined resistance to any effort that might be made on the part of government to sustain this court. A force one thousand strong collected in and about Worcester, and for more conveni-" ent accommodation for the men they were divided into small detachments. Capt. Shays with his followers from Hampshire county marched to Rutland and took quarters in the barracks. Some were quartered at Shrewsbury, others at Grafton and


* He was son of William and Margaret (Lund) Shattuck, born in Groton February 11, 1735-6, and died there January 13, 1819.


+ This little raid called forth the following letter to Capt. Hervey, a mem- ber of the General Court from Montague.


SHREWSBURY DEC. 2, 1776,


SIR : The seeds of war are now sown. Two of our men are now bleeding that were wounded by the light-horse that came from Boston and Roxbury. I request you to let this letter be read, and for you and every man to supply men and provisions and relieve us with a re-enforcement. We are deter- mined here to carry our point. Our case is yours. Don't give yourselves rest and let us die here for we are all brethren. Four of our men are taken prisoners and carried to Boston, We must be relieved or you know the event, take my meaning for I am in haste.


Sir, I remain your humble servant. THOMAS GROVER, ELISHA PONDELL. Per Order, Daniel Shays, Capt.


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Holden. Orders were issued by Capt Shays to many towns in Hampshire county, and also in Worcester county, for the men to turn out and join him at Rutland. Sunday evening Dec. 3d, the Regulators who went to Grafton marched into Worcester under command of Abraham Gale of Princeton, Adam Wheeler of Hubbardston, Simeon Hazeltine of Hardwick, and John Williams, (a reputed deserter from the British army, aud who had served as Sergeant in the continental line,) and took pos- session of the court house, their strength being materially re- enforced during the night. Again the Regulators had achieved an easy victory through the unwillingness of the militia to turn out against them. Gov. Bowdoin had intimated his purpose to uphold the session of the court at this time, and orders had been given to Major Gen. Warner to call out the militia of his division for this purpose, and five regiments were directed to be in readiness to march at a moments notice. But the sheriff reported that a sufficient force could not be collected, and it was exceedingly doubtful if any considerable number of the militia could be relied on in this locality. Government then decided to raise a sufficient force of volunteers to crush ont the insurrection ; and the judges were advised to adjourn the court to Tuesday the 23d day of January, 1787, to give time for the organization of such an army.


But we must not overlook the fact that there were loyal men in Worcester, for on Monday, agreeable to orders, the training band and alarm list paraded on the common. About 170 men turned out. They marched to the Hancock Arms tavern, pas- sing on their way the company of Insurgents who stood on pa- rade while they passed. After reaching the tavern they return- ed to parade and were dismissed until 10 A. M. the following day.


In the evening the Regulators beat to arms fearing the ap- proach of the light-horse said to be on the way from Boston ; the alarm however proved to be false, but a guard was posted in the court house. while the rest of the party were ordered to lay on their arms during the night. About sunset a terrific snow storm set in, more severe than had been known here for years ; and news came that several companies of militia were on the way from Leominster, Brookfield and other towns.


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Tuesday the storm continued with unabated fury-roads were almost impassible, yet a number of men from Holden and other towns came in and joined the Insurgents. Some of the judges were unable to reach the town, but in the afternoon court was opened at the Sun tavern and adjourned by proclamation to the 23d of January. Wednesday morning 80 men from Belchertown and other places came in and joined the Regulators. A com- mittee from Sutton and Douglas arrived in town after the court had adjourned, with a petition asking that the court adjourn until the March term : they had undoubtedly been delayed by the condition of the roads and therefore arrived too late to be of service.


The Regulators were apparently masters of the situation. The Hon. Samuel Baker of Berlin, one of the justices, was stopped by a guard as he was leaving town to go to his home, but was soon released. Tuesday evening the Insurgents placed sentries around the house of Hon. Joseph Allen, where the Hon. Chief Justice Artemas Ward, late speaker of the house of repre- sentatives was stopping, but no personal violence was offered him. About two o'clock on Wednesday afternoon Capt. Shays, mounted on a white horse, arrived with about three hundred and fifty men, and after joining the companies already in town, a grand parade was made about the streets. The men were then dismissed, and quartered on the inhabitants who freely gave them food and shelter, Capt. Shays being cared for at the house of Col. Samuel Flagg. Thursday the military leaders held a consultation in regard to future movements, and while reports were rife that it was the intention of this little army to march directly to Boston* for the purpose of liberating their brothers who were incarcerated there, they were engaged in drafting a petition to the Governor and council and addresses to the people at large, and Hampshire county in particular.


* Governor Bowdoin was so fearful that they might come to Boston, that he issued orders to Major Gen. Brooks to hold the Middlesex militia in close proximity to the Worcester road, and to despatch persons to watch the force at Worcester.


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As these addresses were framed in Worcester I give them in full, to show more plainly the popular sentiment of the day.


An address to the people of the several towns in the County of Hampshire now at arms.


GENTLEMEN :- We have thought proper to inform you of some of the principal causes of the late risings of the people, and also of their present movements, viz : 1st. The present expensive mode of collecting debts, which by reason of the great scarcity of cash, will of necessity fill our jails with unhappy debtors, and thereby a reputable body of people rendered incapable of being serviceable either to themselves or the community. 2d. The monies raised by impost and excise being appropriated to dis- charge the interest of government securities, and not the foreign debt, when these securities are not subject to taxation. 3d. A suspension of the writ of habeas corpus by which those per- sons who have stepped forth to assert and maintain the rights of the people, are liable to be taken and conveyed even to the most distant part of the Commonwealth, and thereby subjected to an unjust punishment. 4th. The unlimited power granted to justices of the peace, sheriff's, deputy sheriff's and constables, by the riot act, indemnifying them to the prosecution thereof, when perhaps wholly actuated from a principle of revenge, hatred and envy. Furthermore, be assured that this body, now at arms, despise the idea of being instigated by British em- missaries, which is so strenuously propagated by the enemies of our liberties. And also wish the most proper and speedy meas- ures may be taken to discharge both our foreign and domestic debt.


Per order. DANIEL GRAY,


Chairman of the committee for the above purpose.


The other address is as follows :


To the printer of the Republican Herald.


SIR :- It has somehow or other fallen to my lot to be employ- ed in a more conspicuous manner than some others of my fellow citizens, in stepping forth in defense of the rights and privileges of the people, more especially of the county of Hampshire.


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Therefore, upon the desire of the people now at arms, I take this method to publish to the world of mankind in general, par- ticularly the people of this commonwealth, some of the principal grievances we complain of and of which we are now seeking re- dress, and mean to contend for until a redress can be obtained, which we hope will soon take place, and if so our brethren in this commonwealth who do not see with us as yet, shall find we shall be as peaceable as they are. In the first place I must re- fer you to a draught of grievances drawn up by a committee of the people now at arms, under the signature of Daniel Gray, chairman, which is heartily approved of, some others also are here added. viz : 1st. The General Court for obvious reasons must be removed out of the town of Boston. 2d. A revision of the constitution is absolutely necessary. 3d. All kinds of gov- ernmental securities now on interest that have been bought of the original owners for two shillings. three shillings, four shil- lings, and the highest for six shillings and eight pence on the pound, and have received more interest than the principal cost the speculator who purchased them ; that if justice was done, we verily believe, nay positively know, it would save this com- monwealth thousands of pounds. 4th. Let the lands belonging to this commonwealth at the eastward, he sold at the best ad- vantage to pay the remainder of our domestic debt. 5th. Let the monies arising from impost and excise be appropriated to discharge the foreign debt. 6th. Let that act passed by the General Court last June by a small majority of only seven, called the supplementary aid, for twenty-five years to come, be repealed. 7th. The total abolition of the Inferior Court of Common Pleas and General Sessions of the Peace. 8th. Dep- uty sheriff's totally set aside as a useless set of officers in the community, and constables who are really necessary, be impow- ered to do the duty, by which means a large swarm of lawyers will be banished from their wonted haunts, who have been more damage to the people at large, especially the common farmers, than the savage beasts of prey. To this I boldly sign my prop- er name, as a hearty well wisher to the real rights of the people.


THOMAS GROVER.


Worcester, December 7th. 1786.


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Again the Regulators were successful in Worcester, the ob- ject of their visit having been accomplished, and many of them returned to their homes. The exceptionally severe weather had given them a hard trial during the past week, but their courage and physical strength were equal to the demands of the cam- paign. Capt. Shays with a portion of his command, about 500 in number, returned on Thursday afternoon by way of .Paxton to the barracks at Rutland .* One hundred men left for the north part of the town in order, they said, to quarter at Bige- low's tavern about four miles from the meeting house. Capt. Luke Day, who was in command of a small force stationed near Springfield, was ordered by Capt. Shays (Dec. 3d.) to march to Worcester at once ; but on account of the condition of the roads he made slow progress, reaching Leicester on the after- noon of Friday, Dec. 8th, and as his services were not required in Worcester, he remained there until Monday the 11th, and then retraced his steps to Springfield. Saturday morning, De- cember 9th, there came another snow storm, but about noon the remaining Regulators paraded before Patch's tavern and then started for home, one company from Ward, one from Holden, others from Spencer, Rutland, Barre, Hubbardston and Peters- ham ; and by night the town was clear of them, and peace and quietness again took the place of the sound of martial music and the measured tread of men in arms.


Springfield was the next objective point, as Tuesday, Decem- ber 26th, was the day fixed by the legislature for holding the Judicial Court at that place. Thither Shays marched his little army, and took possession of the court house, posting his guards in true military style. He then sent a communication to the judges requesting that no business he transacted by the court, to which they readily assented. The news of the result here reached Boston six days after its occurrence, which shows the rapidity with which news travelled in those days ; but this delay




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